Legal Opinion

People v. McCarthy

New York Supreme Court

Decided June 15, 1873PublishedCited by 12 opinions

These cases were brought up for review in this court by certiorari to the police justices’ court.

1Opinion of the Court

By the Court, Davis, J.

The first question raised is as to the constitutionality of the act. It is insisted that the act in question is in violation of that provision of article l'of the constitution which declares that “ trial by jury, in all cases in which it has heretofore been used, shall remain inviolate forever.” A careful examination of the act will show that its sole object is to place certain definitely described persons, when found frequenting or attending certain designated places for unlawful purposes, in the class of “ disorderly persons,” and subject them to arrest, trial and…

2Cited by12 opinions

  1. McInerney v. City of DenverSupreme Court of Colorado · 1892
  2. Poppe v. StateNebraska Supreme Court · 1952
  3. People ex rel. St. Clair v. DavisAppellate Division of the Supreme Court of the State of New York · 1911
  4. People v. Harding, New York County Courts1921
  5. In re KinselSupreme Court of Kansas · 1902

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